PHOENIX - Legislators on Wednesday sent Gov. Janet Napolitano a bill to make Arizona the latest state to refuse to implement new "Real ID" security standards mandated by the federal government for driver's licenses.
House approval of the bill (HB2677) on a 51-1 vote with no debate Wednesday completed legislative action on the bill. It was approved, 21-7, by the Senate on May 6.
What happens next with the bill is unclear because Napolitano hasn't indicated whether she'll sign or veto it.
The bill would have no immediate impact even if it becomes law because Arizona has already received a federal extension on Real ID compliance to 2009.
However, its passage is clearly trouble for Napolitano's own proposal for an enhanced "3-in-1" driver's license. She needs legislative authorization for that. A bill to provide that approval was introduced but not heard during the current session.
At least eight other states have enacted legislation refusing to implement the Real ID law, which was enacted in 2005 military spending legislation and proposed in response to the Sept. 11, 2001 terrorist attacks.
It requires all states to bring their driver's licenses under a national standard and to link their record-keeping systems.
Implementation of the law would require the public to show Real ID-compliant driver's licenses or other identification in order to enter federal buildings or board airplanes.
While the Bush administration says the law will hinder terrorists, illegal immigrants and other wrongdoers, Real ID faces criticism from states and others because of the federal mandate, costs to states and privacy concerns.
The Arizona bill's sponsor, Republican Rep. Judy Burgess of Skull Valley, said it represents "a Real ID tea party at the statehouse."
Burges said she's particularly concerned that database connections could ease identity theft.
"What happens is the database would be shared clear across the United States and we would be subject to the weakest link in other states," she said.
States that have rejected the Real ID act, some with conditions, include Idaho, New Hampshire, Montana, South Carolina, Tennessee, Washington, Oklahoma and Maine. Minnesota's governor vetoed a prohibition bill on April 25.
The National Conference of State Legislatures' president, state Rep. Donna Stone of Delaware, told a U.S. Senate subcommittee in April that the Real ID law should be repealed and replaced with a negotiated rulemaking process that would include state lawmakers.
Napolitano on Dec. 6 signed an agreement with U.S. Homeland Security Michael Chertoff on development of an alternative 3-in-1 driver's license with enhanced security features that could also be used to cross borders and verify employment eligibility.
Key Arizona legislators vowed to fight the proposal, calling it a step toward compliance with Real ID and an infringement on the Legislature's policy-making role.
Napolitano calls the deal with Chertoff a realistic and appropriate means to do employment eligibility checks and meet tough new federal ID requirements to enter the United States from Canada and Mexico.
As described by Napolitano, Arizonans could either get the 3-in-1 license or the current license.
Rep. Bill Konopnicki, R-Safford, cast the only Arizona House vote against the bill on Wednesday, saying later that he favored authorization for the 3-in-1 license instead.
Real ID "could change dramatically next year - it has to," Konopnicki said. "But we have to be able to board airplanes."
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